Griffiths v Boral Resources (Qld) Pty Limited [2006] FCAFC 149

Griffiths v Boral Resources (Qld) Pty Limited [2006] FCAFC 149

No order was made on 11 November 2003 when the magistrate reserved judgment. As the petition had not been extended before it lapsed, and no accidental slip or omission in an existing order was identified, the slip rule could not be invoked to extend time nunc pro tunc. The appeal was allowed and the orders of 2 August 2005 were set aside.

Jurisdiction
Australia
Judgment Date
20 October 2006
Procedural Posture
Appeal / Judgment on Appeal From Federal Magistrates Court
Outcome
Appeal allowed
Legal Topics
['slip Rule' 'extension of Time' 'judgment or Order' 'adjournment' 'lapse of Petition' 'bankruptcy Proceedings']
['practice and Procedure' 'bankruptcy'] ['slip Rule' 'extension of Time' 'judgment or Order' 'adjournment' 'lapse of Petition' 'bankruptcy Proceedings']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Federal Magistrates Court

Legal Issues

  1. 1 ['Whether the slip rule authorizes the making of an order after expiry of the statutory time limit under the Bankruptcy Act' 'Whether reserving judgment or statements to reserve judgment constitute an order or order of adjournment' 'Whether a lapse due to inadvertence can be corrected under the slip rule' 'Whether the Federal Magistrates Court has power to extend time after the petition has lapsed']

Ratio Decidendi

No order was made on 11 November 2003 when the magistrate reserved judgment. As the petition had not been extended before it lapsed, and no accidental slip or omission in an existing order was identified, the slip rule could not be invoked to extend time nunc pro tunc. The appeal was allowed and the orders of 2 August 2005 were set aside.

Court Disposition

Appeal allowed

Orders

  • ['The appeal be allowed.' 'The orders made on 2 August 2005 be set aside.' "The respondent pay the appellant's costs of the appeal and of the proceedings below."]